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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100025
Experience:  Lawyer
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I live in ns, the mother our son wants to move about two

Customer Question

Hey, I live in ns, the mother our son wants to move about two hours away with him (still in provience) is there anyway I can keep him here ...
Submitted: 2 months ago.
Category: Canada Law
Customer: replied 2 months ago.
It is 198km one way to where she is moving she has primary caregiver , I have him alternating weekends and every Wednesday, he is 3 and in day care here , all his family is pretty much here
Expert:  Debra replied 2 months ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 2 months ago.

I am sorry to hear this.

Would you still be able to get him every other weekend and Wednesdays?

Customer: replied 2 months ago.
Everyother weekend yes Wednesdays would be impossible , also she expects me to travel halfway costing me more with I think is unfair if she's the one who moved
Expert:  Debra replied 2 months ago.

That is not going to happen.

First, she cannot move your son without your permission unless she gets a court order.

And to get the order she has to convince the court that moving him is in his best interests and this will be hard given he has you and sees you regularly and now he would have to wait two full weeks to see you. And he is being moved away from family, friends, community etc.

It may be that the court would agree if you could see him more such as every weekend.

And in terms of the costs, she would be entirely responsible for the costs as she is the one who is responsible.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 2 months ago.
I just want to be clear she would need an order to move even inside Nova Scotia where she's moving 2 hours away thus limiting my time, family time ect
Expert:  Debra replied 2 months ago.

Yes for sure.

It's not about what province she will live in but that she is taking away from his home jurisdiction.

Customer: replied 2 months ago.
I believe the whole provience is the same jurisdiction?
Expert:  Debra replied 2 months ago.

That is not the same for custody and access issues. It is the immediate jurisdiction.

I am a senior family lawyer and I can assure you she needs your consent or a court order to move the child 2 hours away especially when it will deprive you of weekly access to your son.

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